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Kanahia Lal and anr. Vs. Kali Din - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad High Court
Decided On
Judge
Reported in(1880)ILR2All394
AppellantKanahia Lal and anr.
RespondentKali Din
Excerpt:
registration - certificate of sale - mortgage. - .....of mortgage dated 26th september 1866, would require registration, that is, i have held that a sale certificate in regard to immoveable property of above rs. 100 in value would require registration. the endorsement on the back of this deed of mortgage, which was sold at auction and purchased by the plaintiffs, is, i think, and operates as a certificate of sale, and i cannot regard it as an order of court, simply because it is signed by the subordinate judge. the signature may authenticate the endorsement, but the endorsement itself is a certificate of sale and a transaction that confers upon the purchasers the rights of the mortgagee and gives them an interest in immoveable property exceeding rs. 100 in value.oldfield, j.2. i concur in the proposed order for dismissing the appeal.....
Judgment:

Spankie, J.

1. I have myself been a party to a ruling in this Court that an instrument of the nature of the endorsement on the deed of mortgage dated 26th September 1866, would require registration, that is, I have held that a sale certificate in regard to immoveable property of above Rs. 100 in value would require registration. The endorsement on the back of this deed of mortgage, which was sold at auction and purchased by the plaintiffs, is, I think, and operates as a certificate of sale, and I cannot regard it as an order of Court, simply because it is signed by the Subordinate Judge. The signature may authenticate the endorsement, but the endorsement itself is a certificate of sale and a transaction that confers upon the purchasers the rights of the mortgagee and gives them an interest in immoveable property exceeding Rs. 100 in value.

Oldfield, J.

2. I concur in the proposed order for dismissing the appeal with costs. The endorsement by which the deed of mortgage was assigned to the plaintiffs as purchasers of it at auction sale is an instrument which required registration, and cannot be admitted in evidence.


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